United States Eleventh Circuit
The Ohio Casualty Ins. Co. v. Holcim (US), Inc., 0715931
In a claim for contractual indemnification related to settlement of a tort claim, the court certified the following questions: 1) whether, under Alabama law, an indemnitee may enforce an indemnification provision and recover damages from an indemnitor resulting from the combined or concurrent fault or negligence of the indemnitee and indemnitor; and 2) whether, under Alabama law, a court may look behind (or beyond) the pleadings (in particular, the complaint) of an underlying tort action in determining the application of an indemnification provision between an indemnitor and indemnitee.
Appellate Information
- Decided 11/17/2008
- Published 11/17/2008
Judges
Court
- United States Eleventh Circuit